IN RE APPEAL OF BARTON-DOBENIN

No. 83,423.

269 Kan. 851 (2000)

9 P.3d 9

IN THE MATTER OF THE APPEAL OF JOSEPH & ELIZABETH BARTON-DOBENIN FROM AN ORDER OF THE DIVISION OF TAXATION ON ASSESSMENT OF INCOME TAX, PENALTY, AND INTEREST.

Supreme Court of Kansas.

Opinion filed July 21, 2000.


Attorney(s) appearing for the Case

C. David Newbery, of Newbery & Ungerer, of Topeka, argued the cause and Douglas C. Fincher, of the same firm, was with him on the briefs for appellant.

James Bartle, general counsel, Kansas Department of Revenue, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

DAVIS, J.:

Taxpayers Joseph and Elizabeth Barton-Dobenin appeal from an order issued by the Board of Tax Appeals (BOTA) denying them a Kansas individual income tax credit for the 1995 tax year for taxes paid to the Czechoslovakian Republic. The taxpayers argue that the Department of Revenue's interpretation of K.S.A. 79-32,111(a) (Ensley 1989) allowing a partial credit for...

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